Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Looking for success stories or someones happy ending.

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Saxon mortgage sucks.

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John, do some reading over at the msfraud site. There are a few wins here and there.

But something you need to keep in mind is the tiny fraction of court cases that end up with a judge or jury handing down a ruling. Almost all these kinds of cases get resolved in a settlement agreement in which the terms are secret and the servicer/lender/trustee admit no wrongdoing. Publicizing the outcome can be costly.


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I've been reading posts on this site for a while and seen you have quite a history here. I'm aware of the many tactics for the borrower to fight back. My question is having a tila audit that states I have the right to rescind and also the fact that they still have not produced the note, or any legal standing for that matter, and the fact that I'm in foreclosure because of there mistakes that I was unwilling to pay for. What could a borrower hope for? Seems like banks are just being bullies with current customers and giving deals to new customers, short selling homes and reducing principal balances much lower to sell off the property. Not working to hard to keep current borrowers in there home, modifications are the biggest joke. I'm in the middle of a foreclosure and I guess I'm trying to look into the crystal ball. I have two great attorneys but I cannot stop doing my own research.
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to John,
   To answer your question, my situation ended in a positive fashion with
Ocwen as the loan servicer and US Bank as the plaintiff and trustee. I learned alot from the experience which lasted four years from Feb. O4 till
Feb. 08.
    Ocwen back dated the start day to pay from May 02 to March 02 thus
putting me two months in arrears from the get go. It then reported this
false information to the credit bureaus to make sure my credit was screwed
up so I couldn't refinance away from them. Then they started adding late
fees and other charges to make it look like I was 3 months in arrears so
they could foreclose. At the time, I had $60,000 equity in the property.
    Luckily for me, the Note got lost in the shuffle, which was both a good
thing and a bad thing because the original Note would have showed the
correct start date to pay. My first attorney never even brought up the
Note issue because he was working for the other side! I answered an unso-
lisited attorney ad and that was part of the scam. I won the case pro se.
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Thanks for the feedback.

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To Deb, re your question about Ocwen and US Bank as Trustee. Anatomy of
a Subprime mortgage attempt to steal equity.
   In 2002, I ran into some tax problems, which were exposed on the County
Clerks web site. I had $60,000 equity in my property at the time. I received
unsolicited calls from a New Century Mort. agent who knew all about my sit-
uation and said he could "help" me by refinancing my current 8.25% mort at
7.25% and get me cash out to solve my tax problem. Stupidly, I fell for the
pitch and instead of just leaving the old first in place and taking out a second
I agreed to the deal. At the closing, the interest rate was mysteriously jacked up to 9.25% allegedly do to my credit score. Since I had made a time
sensitive committment, I had no choice but to take the deal.
    Ocwen was appointed as the loan servicer. After my first two payments,
I got a letter from Moss Codilis saying I was two months in arrears.I sent
a letter back disputing this and the battle was joined. You know the rest.
A certain law firm sent me a letter offering to defend at a very low price.
They were working for the other side. I discovered this and finished it pro se.
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I was forced in to bankruptcy and my mortgage company filed a motion to lift stay. After they rescheduled the hearing 5 times we went ahead and had the hearing without them. The judge stripped them of all their extras (about $5K) and gave me attorneys fees of $400 because of the constant no shows..................tee bloody hee
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The result is now a published opinion..............
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I was wondering if anyone out there could elaborate on there successful outcomes, if there are any. Share them with us and spread the smiles......

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This is good news! Bank Attorneys sent me letter in September 2010 withdrawing the foreclosure action and canceling lis pendes!!! I just signed the motions consenting to their actions and mailed back to them today!!!However, another debt collector from CO sent me letter stating that i need to cure outstanding payments or they will accellerate.. I promptly sent them a QWR and asked them to validate the debt.. waiting for their response.
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Mike. Thanks for the info. I was just wondering if your case went to court and how you prevailed pro se. Please share if you can. Thanks and congratulations! 

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I contacted my local NBC TV affiliate in Houston and when their consumer advocated threatened to make my story public Chase Mortgage suddenly changed their tune.
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So how has your story evolved? Are you back on a payment schedule? Have you signed a modification or has your mortgage been dropped?    

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Publicity is the only way.  You lose in court every time, because they just buy off the judges.

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Foreclosure case dimissed with Prejudice - Plaintiff committ Fraud upon the Court. Sept  2010
See Court order at this link
Subject: Case dismiss WITH Prejudice - Mortgage Assigment Fraud - David Stern committ Fraud on the Court

Court Opinion att.
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